Senthil Kumar v. The State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Senthil Kumar ... Petitioner/A2 Vs.

The State Rep. by The Inspector of Police, K-2 Ayyanavaram Police Station, Kilpauk, Chennai.

(Crime No.302 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Crime No.302 of 2025 on the file of the respondent police. For Petitioner : Mr.B.Thirumalai For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 04.08.2025 for the alleged offences punishable under Sections 123, 275 of BNS, 2023 and Sections 6(b) and 24(1) of Cigarette and other Tobacco 1/5

Products Act, 2003 in Crime No.302 of 2025 on the file of the respondent police, seeks bail.

2. Earlier, the petitioner had moved a bail petition before this Court in Crl.O.P.No.23755 of 2025 and this Court, by the order dated 28.08.2025 dismissed the same.

3.The learned counsel for petitioner submitted that the main accused/A1 has been detained under Act 14 of 1982 and the petitioner is in custody from 03.08.2025.

4.Considering the fact that A1 detained under Act 14 of 1982 and the petitioner is in custody from 03.08.2025 and also the fact that there is change of circumstances after the dismissal of the petitioner's earlier bail petition, this Court is inclined to grant bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, for a like sum to the satisfaction of the learned V Metropolitan Magistrate, Chennai and on further conditions that: 2/5

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks, thereafter as and when required for interrogation;

[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 19.09.2025 rsi 3/5

Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To 1.The V Metropolitan Magistrate, Chennai.

2.The Inspector of Police, K-2 Ayyanavaram Police Station, Kilpauk, Chennai.

3.The Superintendent, Central Prison, Puzhal, Chennai.

4.The Public Prosecutor High Court of Madras, Chennai 600 104.

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K.RAJASEKAR , J.

rsi 19.09.2025 5/5